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1. Defendant A, Future Energy Technology Co., Ltd., B Co., Ltd., Maump, C, and D.
Reasons
1. Basic facts
A. On December 13, 2011, when Defendant A Co., Ltd. (hereinafter “Defendant A”) obtained a loan from the National Bank (hereinafter “National Bank”), the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the term from December 13, 201 to December 12, 2023, setting the credit guarantee principal amount of KRW 2,160,00,000,000, and the term of the credit guarantee from December 13, 201 to December 12, 2023. Defendant Future Energy, B Co., Ltd. (hereinafter “Defendant B”), chid, C, and D as of the same day, jointly and severally guaranteed all obligations that Defendant A owes to the Plaintiff under the said credit guarantee agreement.
(However, the defendant future energy guaranteed the maximum amount of the guaranteed obligation as KRW 2,808,00,000.
According to the credit guarantee agreement of this case, when Defendant A, the principal debtor, fails to discharge the principal obligation within the due date of the principal obligation, Defendant A, Future Energy, B, Dop, C, and D, paid a penalty calculated by multiplying the amount of performance guaranteed by the Plaintiff by the rate of 0.5% per annum by the guarantee fee rate for the amount of performance guaranteed by the Plaintiff. In the event that the Plaintiff performed the guaranteed obligation, Defendant A, Future Energy, B, Dop, C, and D agreed to pay the Plaintiff expenses incurred in the preservation, transfer, and exercise of the rights acquired by the Plaintiff due to the performance of the guaranteed obligation, expenses incurred in the execution, preservation, exercise of the obligation under the credit guarantee agreement, and legal procedures
C. On December 13, 2011, Defendant A obtained a loan of KRW 2,400,00,000 from a national bank as security a credit guarantee certificate (the guaranteed number E, the guaranteed principal of KRW 2,160,000,000, and the guaranteed term of December 12, 2023) issued by the Plaintiff pursuant to the instant credit guarantee agreement.
On December 31, 2012, Defendant A had a credit accident due to the registration of credit management information (including national tax delinquency). The Plaintiff.